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1.1 These terms and conditions apply to contracts for the rental of hotel rooms for accommodation and all other services and deliveries provided by the hotel for the customer in this context (hotel accommodation contract). They do not apply to package tours within the meaning of § 651a BGB. The term “hotel accommodation contract” includes and replaces the following terms: Accommodation contract, guest accommodation contract, hotel contract, hotel room contract.
1.2 The subletting or re-letting of the rooms provided and their use for purposes other than accommodation require the prior consent of the hotel in text form, whereby the right of termination pursuant to § 540 paragraph 1 sentence 2 BGB is waived.
1.3 The customer’s general terms and conditions shall only apply if this has been expressly agreed in text form.
The contractual partners are the hotel and the customer. The contract is concluded upon acceptance of the customer’s application by the hotel. In the case of bookings via the hotel’s own homepage, the contract is concluded by clicking on the button “PAYABLE BOOKING”.
3.1 The hotel is obliged to keep the rooms booked by the customer available and to provide the agreed services.
3.2 The customer is obliged to pay the agreed or applicable prices of the hotel for the provision of the room and the other services used by him. This also applies to services commissioned by the customer directly or via the hotel, which are provided by third parties and disbursed by the hotel.
3.3 The agreed prices include the taxes and local duties applicable at the time the contract is concluded. Not included are local taxes that are owed by the guest according to the respective municipal law, such as visitor’s tax. In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly. For contracts with consumers, this only applies if the period between conclusion and fulfillment of the contract exceeds four months.
3.4 If payment on account has been agreed, payment must be made without deduction within ten days of receipt of the invoice, unless otherwise agreed.
3.5 The hotel is entitled to demand a reasonable advance payment or security deposit from the customer upon conclusion of the contract, for example in the form of a credit card guarantee. The amount of the advance payment and the payment dates can be agreed in text form in the contract. If the customer is in default of payment, the statutory provisions shall apply.
3.6 In justified cases, for example if the customer is in arrears with payment or if the scope of the contract is extended, the hotel is entitled to demand an advance payment or security deposit within the meaning of clause 3.5 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration, even after conclusion of the contract up to the start of the stay.
3.7 Furthermore, the hotel is entitled to demand a reasonable advance payment or security deposit from the customer at the beginning and during the stay within the meaning of the above clause 3.5 for existing and future claims arising from the contract, insofar as such a payment has not already been made in accordance with the above clause 3.5 and/or clause 3.6.
3.8 The customer may only offset or set off an undisputed or legally enforceable claim against a claim of the hotel.
3.9 The customer agrees that the invoice may be sent to him electronically. electronically.
4.1 The customer may only unilaterally withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract or if a statutory right of withdrawal or termination exists.
4.2 If the hotel and the customer have agreed on a date for a cost-free withdrawal from the contract, the customer may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The customer’s right of withdrawal expires if he does not exercise it in text form vis-à-vis the hotel by the agreed date.
4.3 If a right of withdrawal has not been agreed or has already expired and there is also no statutory right of withdrawal or termination, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties and the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the customer is obliged to pay 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The customer is free to prove that the aforementioned claim did not arise or did not arise in the amount claimed.
5.1 If it has been agreed that the customer can withdraw from the contract free of charge within a certain period, the hotel is entitled to withdraw from the contract during this period if there are inquiries from other customers for the contractually booked rooms and the customer does not waive his right of withdrawal upon enquiry by the hotel with a reasonable deadline. This applies accordingly if an option is granted, if other inquiries have been received and the customer is not prepared to make a firm booking after the hotel has set a reasonable deadline.
5.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 3.5 and/or Clause 3.6 is not made even after a reasonable grace period set by the hotel has expired, the hotel is also entitled to withdraw from the contract.
5.3 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or spaces are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the customer, the ability to pay or the purpose of the stay;
– the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful;
– there is a breach of section 1.2 above.
5.4 The justified withdrawal of the hotel does not entitle the customer to claim damages. Should the hotel have a claim for damages against the customer in the event of a withdrawal in accordance with Section 5.2 or 5.3 above, the hotel may charge a lump sum. Section 4.3 shall apply accordingly in this case.
6.1 The customer does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed in text form.
6.2 Booked rooms are available to the customer from 15:00 on the agreed day of arrival. The customer is not entitled to earlier provision.
6.3 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (price according to the price list) for the late vacating of the room for its use in excess of the contract until 6:00 p.m., and 90% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the customer. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use.
7.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. Typical contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the customer relies and may rely. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this clause 7. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the customer. The customer is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
7.2 The hotel is liable to the customer for items brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the customer wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
7.3 If the customer is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 7.1, sentences 1 to 4.
7.4 Wake-up calls are carried out by the hotel with the utmost care.
Messages for customers are handled with care. By prior arrangement with the customer, the hotel can accept, store and – on request – forward mail and consignments for a fee. The hotel shall only be liable in accordance with the above clause 7.1, sentences 1 to 4.
8.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral amendments or additions are invalid.
8.2 If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction shall be Aschaffenburg.
However, the hotel may also choose to sue the customer at the customer’s domicile. The same applies to customers who do not fall under sentence 1 if they are not domiciled or resident in an EU member state.
8.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.4 In accordance with the legal obligation, the hotel points out that the European Unionhas set up an online platform for the out-of-court settlement of consumer disputes (“ODR platform”): http://ec.europa.eu/consumers/odr/ However, the hotel does not participate in dispute resolution proceedings before consumer arbitration boards.
[Stand November 2014]
1.1 These terms and conditions apply to all contracts concluded between the hotel and a tour operator for hotel services for individual travelers and/or travel groups (hotel accommodation contract). They do not apply to bookings of rooms or room allotments for events such as conferences, seminars and the like.
1.2 The term “hotel accommodation contract” includes or replaces the following terms: reservation contract, contingent contract, accommodation contract, guest accommodation contract, hotel contract and hotel room contract.
1.3 Hotel services are all services agreed between the tour operator and the hotel and to be provided by the hotel, such as hotel rooms, catering arrangements and other offers.
1.4 The tour operator’s customers for whom hotel services are booked are hereinafter referred to as “individual travelers” or “travel groups” (collectively also “guests”).
A travel group consists of at least 15 people who are organized for a common travel purpose and generally arrive and depart on the same days.
1.5 The tour operator’s general terms and conditions shall only apply if this has been expressly agreed in advance.
2.1 The contract is concluded upon acceptance of the tour operator’s application by the hotel. The hotel is free to confirm the booking in text form.
2.2 All claims against the hotel are generally subject to a limitation period of one year from the start of the statutory limitation period. This does not apply to claims for damages and other claims, insofar as the latter are based on an intentional or grossly negligent breach of duty by the hotel.
3.1 The tour operator is obliged to inform the hotel of its booking status as early as possible or upon request. However, the hotel must be informed of this no later than 30 days before the day of arrival. At the same time, the hotel must be provided with all necessary information about the hotel services in accordance with Section 1.3.
3.2 The tour operator is obliged to pay the agreed or, if nothing has been agreed, the hotel’s stated or customary prices for the hotel services in accordance with Section 1.3 and the additional services used by the tour operator. This also applies to services commissioned directly by the tour operator or by the hotel, which are provided by third parties and disbursed by the hotel.
3.3 Guests are only entitled to the hotel services in accordance with Clause 1.3. The tour operator is obliged to inform its guests of this and to oblige them to provide an appropriate security for any use of additional services at the hotel’s request,
for example by depositing credit card guarantees. This also applies to guests who are holders of a voucher/voucher. If no security is provided by the guest despite a corresponding request by the hotel and the guest does not pay, these utilized
services to be paid by the tour operator.
3.4 The tour operator must inform its guests about all circumstances and conditions relevant to the stay, in particular about the hotel’s liability in accordance with Section 8.
3.5 For all questions relating to the support of the tour operator’s travel group, the tour operator shall, at the hotel’s request, appoint a contact person to represent this travel group.
4.1 The hotel is entitled to demand a reasonable advance payment or security deposit, for example in the form of a credit card guarantee, from the tour operator upon conclusion of the contract. The amount of the advance payment and the payment dates can be agreed in text form in the contract. The hotel must confirm receipt of an advance payment or security deposit.
4.2 In justified cases, e.g. payment arrears on the part of the tour operator or extension of the scope of the contract, the hotel is entitled, even after conclusion of the contract up to the start of the stay, to demand an advance payment or security deposit within the meaning of clause 4.1 above or an increase in the advance payment or security deposit agreed in the contract up to the full agreed remuneration.
4.3 The hotel is not entitled to make unilateral changes to the agreed hotel services. Changes are only effective with the consent of the tour operator.
4.4 The tour operator does not acquire any claim to the provision of specific rooms, unless this has been expressly agreed.
4.5 Booked rooms are available to the tour operator from 15:00 on the agreed day of arrival. The latter is not entitled to earlier provision.
4.6 On the agreed day of departure, the rooms must be vacated and made available to the hotel by 12:00 noon at the latest. Thereafter, the hotel may charge 50% of the full accommodation price (list price) for the late vacating of the room until 6:00 p.m. and 90% from 6:00 p.m. onwards. This shall not give rise to any contractual claims on the part of the tour operator. The customer is at liberty to prove that the hotel has no or a significantly lower claim to compensation for use.
5.1 The agreed prices include the taxes and local duties applicable at the time of conclusion of the contract, unless prices without VAT have been expressly agreed. Not included are local taxes that are owed by the hotel guest according to the respective municipal law, such as visitor’s tax.
In the event of a change in the statutory value added tax or the introduction, change or abolition of local taxes on the object of performance after conclusion of the contract, the prices shall be adjusted accordingly.
5.2 The agreed prices apply exclusively in connection with other services that are offered to the end customer bundled in a service package. They may not be offered to the end customer or third parties as individual prices for single overnight stays (non-packages) in distribution channels (in particular online). The tour operator is obliged to subject all its other partners and intermediaries to this clause as well.
5.3 Hotel invoices without a due date are payable in full within ten days of receipt of the invoice. The hotel may demand immediate payment of due claims from the tour operator at any time. The statutory provisions shall apply in the event of default in payment. The hotel reserves the right to provide evidence of higher damages.
5.4 The tour operator may only offset or set off an undisputed or legally binding claim against a claim of the hotel.
5.5 Agreements on the possible payment of commission (also “commission”) must be made either in the hotel accommodation contract or in an agreement to be concluded at the same time. If more than one tour operator is responsible for the same booking, the hotel only has to pay the commission once.
6.1 For individual travelers:
6.1.1 The tour operator may only withdraw from the contract concluded with the hotel if a right of withdrawal has been expressly agreed in the contract, another statutory right of withdrawal exists or if the hotel expressly agrees to the cancellation of the contract. The agreement of a right of withdrawal as well as any consent to a contract termination should be made in text form.
6.1.2 If the hotel and the tour operator have agreed on a date for a cost-free withdrawal from the contract, the tour operator may withdraw from the contract up to that date without incurring payment or damage compensation claims by the hotel. The tour operator’s right of withdrawal expires if he does not exercise his right of withdrawal vis-à-vis the hotel by the agreed date.
6.1.3 If a right of withdrawal has not been agreed or has already expired, there is also no statutory right of withdrawal or termination and if the hotel does not agree to a termination of the contract, the hotel retains the claim to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses.eren. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for accommodation with or without breakfast and for package arrangements with third-party services.with third-party services, 70% for half-board and 60% for full-board arrangements.len. The tour operator is at liberty to prove that the above-mentioned claim is not or not fully justified. in the amount claimed.
6.2 For tour groups:
6.2.1 Unless a different right of withdrawal has been expressly agreed in the contract, no other statutory right of withdrawal exists or the hotel does not expressly agree to the contract being canceled , a withdrawal is only possible in accordance with the following conditions. The agreement of a deviatingright to withdraw from the contract and any consent to cancel the contract should be given in text form. text form.
6.2.2 The tour operator is entitled to withdraw from the contract for tour groups in accordance with section 1.4:
– up to 90 days before arrival of 100% of the agreed total volume,
– up to 60 days before arrival of 50% of the agreed total volume,
– up to 30 days before arrival of 25% of the agreed total volume.
6.2.3 The right of withdrawal can only be exercised once. The day of arrival is not included in the calculation of the deadline.
6.2.4 The tour operator’s right of withdrawal expires if it is not exercised by the agreed date.
6.2.5 If a right of withdrawal has not been agreed or has already expired, if the withdrawal takes place at a later point in time or to a greater extent than contractually permitted, if there is no statutory right of withdrawal or termination and if the hotel does not agree to a termination of the contract, the hotel retains the right to the agreed remuneration despite non-utilization of the service. The hotel must offset the income from renting the rooms to other parties as well as the expenses saved. If the rooms are not rented to other parties, the hotel may make a lump-sum deduction for saved expenses. In this case, the tour operator is obliged to pay at least 90% of the contractually agreed price for overnight stays with or without breakfast and for package arrangements with third-party services, 70% for half-board and 60% for full-board arrangements. The tour operator is at liberty to prove that the above-mentioned claim did not arise or did not arise in the amount claimed.
7.1 For individual travelers:
7.1.1 If it has been agreed that the tour operator can withdraw from the contract in whole or in part within a certain period of time free of charge, the hotel is entitled to withdraw from the contract to the same extent within this period if there are inquiries from third parties regarding the contractually booked rooms and if the tour operator does not waive his right to withdraw from the contract upon inquiry by the hotel within a reasonable period of time.
7.1.2 If an advance payment or security deposit agreed or demanded in accordance with Clause 4.1 and/or Clause 4.2 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
7.1.3 Furthermore, the hotel is entitled to extraordinarily withdraw from the contract for objectively justified reasons, in particular if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
– the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful.
7.1.4 The justified withdrawal of the hotel does not entitle the tour operator to claim damages.
7.2 For tour groups:
7.2.1 If it has been agreed in the contract that the tour operator may withdraw from the contract in whole or in part within a certain period of time free of charge, the hotel is entitled to withdraw from the contract to the same extent within this period if there are inquiries from third parties regarding the contractually booked rooms and if the tour operator does not waive his right of withdrawal upon inquiry by the hotel within a reasonable period of time.
7.2.2 Within the periods specified in Clause 6.2.2, the hotel is also entitled to partially withdraw from the contract free of charge to the same extent as the tour operator if the tour operator does not waive its right of withdrawal.
7.2.3 If an advance payment or security deposit agreed or demanded in accordance with Clause 4.1 and/or Clause 4.2 is not made even after a reasonable grace period set by the hotel has expired, the hotel shall also be entitled to withdraw from the contract.
7.2.4 If the contractual obligation to inform the customer of the booking status in accordance with clause 3.1 sentence 2 is not fulfilled or not fulfilled in due time, the hotel is also entitled to withdraw from the contract. The hotel is also entitled to cancel the contract in the event that the number of guests booked as a travel group is reducedto less than 15 (loss of group status pursuant to Section 1.4).
7.2.5 Furthermore, the hotel is entitled to withdraw from the contract extraordinarily for objectively justified reasons, in particular if
– Force majeure or other circumstances for which the hotel is not responsible make it impossible to fulfill the contract;
– rooms or rooms are culpably booked with misleading or false information or concealment of material facts; material facts may include the identity of the tour operator or the guest, the ability to pay or the purpose of the stay;
– the hotel has justified cause to believe that the use of the service may jeopardize the smooth operation, security or public reputation of the hotel, without this being attributable to the hotel’s sphere of control or organization;
– the purpose or reason for the stay is unlawful.
7.2.6 The justified withdrawal of the hotel does not entitle the tour operator to claim damages.
8.1 The hotel is liable for damages for which it is responsible arising from injury to life, limb or health. Furthermore, it is liable for other damages that are based on an intentional or grossly negligent breach of duty by the hotel or on an intentional or negligent breach of typical contractual obligations by the hotel. A breach of duty by a legal representative or vicarious agent is equivalent to a breach of duty by the hotel. Further claims for damages are excluded, unless otherwise regulated in this Section 8. Should disruptions or defects occur in the hotel’s services, the hotel shall endeavor to remedy such upon knowledge thereof or upon immediate complaint by the tour operator or the guest. The tour operator or the guest is obliged to make reasonable efforts to remedy the disruption and minimize any possible damage.
8.2 The hotel is liable to the guest for property brought into the hotel in accordance with the statutory provisions. The hotel recommends the use of the hotel or room safe. If the guest wishes to bring in money, securities and valuables with a value of more than 800 euros or other items with a value of more than 3,500 euros, this requires a separate storage agreement with the hotel.
8.3 If the tour operator is provided with a parking space in the hotel garage or on the hotel parking lot, even for a fee, this does not constitute a safekeeping agreement. In the event of loss of or damage to motor vehicles parked or maneuvered on the hotel property and their contents, the hotel shall only be liable in accordance with the above Section 8.1, sentences 1 to 4.
8.4 Wake-up calls are carried out by the hotel with the utmost care. Messages, mail and deliveries of goods for guests are handled with the utmost care. The hotel will deliver, store and – on request – forward the same for a fee.
use. The hotel shall only be liable in accordance with the above Section 8.1, sentences 1 to 4.
9.1 Amendments and additions to the contract, the acceptance of the application or these General Terms and Conditions should be made in text form. Unilateral changes or additions by the tour operator are invalid.
9.2 The place of performance and payment as well as the exclusive place of jurisdiction – also for disputes relating to checks and bills of exchange – in commercial transactions is … [please enter the location, either the location of the hotel or the registered office of the hotel’s operating company]. If a contractual partner fulfills the requirements of § 38 paragraph 2 ZPO and has no general place of jurisdiction in Germany, the place of jurisdiction shall be Aschaffenburg.
9.3 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws is excluded.
9.4 Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In all other respects, the statutory provisions apply.
[Stand November 2014]
Hauptstr. 3
63872 Heimbuchenthal
Phone: +49 06092 / 97140
Fax: 06092 / 971499
Opening hours kitchen:
Monday – Sunday: 17:00 – 20:30
Friday – Sunday: 11:30 – 13:30
